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On January 7, 2019, it became public the award of the arbitral proceeding between, on one hand, Libra Terminais S.A. and Libra Terminais Santos S.A. (“Libra”), two concessionaires of cargo terminals T-35 and T-37 at the Port of Santos, the busiest in Brazil, and, on the other hand, CODESP (the state-owned operator the port of Santos) and the Federal Union, on the lease of such terminals. Libra was sentenced to pay at least R$2,8 Billion…

Governments around the world are becoming increasingly aware of the competition that exists for international disputes work, between and amongst national courts and arbitral institutions. Whilst some courts, such as in England and the US, have long dealt in international cases, other jurisdictions are seeking to win a greater share. In 2006, Dubai opened specialist English-language courts in the DIFC, followed in 2009 by the Qatar International Court, in 2015 by the Singapore International Commercial…

On November 6, 2018, the Argentine National Supreme Court (“Supreme Court”) ruled on a case regarding the annulment of a domestic arbitration award. The Supreme Court found that the award was not subject to annulment, since it had complied with the requirements of Sections 760 and 761 of the National Procedural Code (“NPC”) and it did not affect public policy. The background of the case refers to a contract executed between the National State (“National…

On September 30, 2018, the United States, Mexico and Canada (the Parties) reached an agreement to replace the North American Free Trade Agreement (NAFTA). The new agreement is called the United States-Mexico-Canada Agreement (USMCA). As has been widely reported, the Parties conducted many months of negotiations to reach this agreement. It is important to note that the USMCA still has to be ratified by all the Parties. Until this ratification has taken place, the current…